RA 9439 -it does not cover those patients in private rooms, but only those who are charitable

patients. Patients may leave the hospital who are incapable to pay ,however, they musts secure a promissory note covering the unpaid obligation by means of mortgage, a guarantee or a co ma er who shall be !ointly and severally laible.

Republic of the Philippines Congress of the Philippines Metro Manila Thirteenth Congress Third Regular Session

Begun and held in Metro Manila, on Monday, the nineteenth day of February, two thousand seven. REPUBLIC ACT NO !"#! April $%& $''%

AN ACT PRO(IBITIN) T(E *ETENTION O+ PATIENTS IN (OSPITALS AN* ,E*ICAL CLINICS ON )ROUN*S O+ NONPA-,ENT O+ (OSPITAL BILLS OR ,E*ICAL E.PENSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION / It shall be unlawful for any hospital or medical clinic in the country to detain or to otherwise cause, directly or indirectly, the detention of patients who have fully or partially recovered or have been adequately attended to or who may have died, for reasons of nonpayment in part or in full of hospital bills or medical expenses. SEC $ atients who have fully or partially recovered and who already wish to leave the hospital or medical clinic but are financially incapable to settle, in part or in full, their hospitali!ation expenses, including professional fees and medicines, shall be allowed to leave the hospital or medical clinic, with a right to demand the issuance of the corresponding medical certificate and other pertinent papers required for the release of the patient from the hospital or medical clinic upon the execution of a promissory note covering the unpaid obligation. "he promissory note shall be secured by either a mortgage or by a guarantee of a co#ma$er, who will be %ointly and severally liable with the patient for the unpaid obligation. In the case of a deceased patient, the corresponding death certificate and other documents required for interment and other

purposes shall be released to any of his surviving relatives requesting for the same: Provided, however, "hat patients who stayed in private rooms shall not be covered by this &ct. SEC # &ny officer or employee of the hospital or medical clinic responsible for releasing patients, who violates the provisions of this &ct shall be punished by a fine of not less than "wenty thousand pesos ' (),))).))*, but not more than Fifty thousand pesos ' +),))).))*, or imprisonment of not less than one month, but not more than six months, or both such fine and imprisonment, at the discretion of the proper court. SEC " "he ,epartment of -ealth shall promulgate the necessary rules and regulations to carry out the provisions of this &ct. SEC 0 If any provision of this &ct is declared void and unconstitutional the remaining provisions hereof not affected thereby shall remain in full force and effect. SEC 1 &ll laws, decrees, orders, rules and regulations or part thereof inconsistent with this &ct are hereby repealed or amended accordingly. SEC % "his &ct shall ta$e effect fifteen '.+* days after its publication in two national newspapers of general circulation.
In the hilippines, amparo and habeas data are prerogative writs to supplement the inefficacy of the writ of habeas corpus '/ule .)(, /evised /ules of 0ourt*. Amparo means protection, while habeas data is access to information. Both writs were conceived to solve the extensive hilippine extra%udicial $illings and forced disappearances since .111.

By invo$ing the truth, -abeas ,ata will not only compel military and government agents to release information about the desaparecidosbut require access to military and police files. /eynato uno2s writ of amparo 3 4panish for protection5will bar military officers in %udicial proceedings to issue denial answers regarding petitions on disappearances or extra%udicial executions, which were legally permitted in -abeas corpus proceedings.6

THE RULE ON THE WRIT OF AMPARO. (Amended Section 9 & 11)

RESOLUTION

Pu !u"nt to t#e "ction o$ t#e %ou t en &"nc in it! !e!!ion #e'd on Octo&e 1() *++,) Section! 9 "nd 11 o$ t#e Ru'e on t#e W it o$ Am-" o " e #e e&. AMEN/E/ to e"d "! $o''o0!1 Sec. 9. Retu n2 %ontent!. 3 Wit#in FI4E (5) WOR6IN7 /A8S "$te !e 9ice o$ t#e 0 it) t#e e!-ondent !#"'' $i'e " 9e i$ied 0 itten etu n to:et#e 0it# !u--o tin: "$$id"9it! 0#ic# !#"'') "mon: ot#e t#in:!) cont"in t#e $o''o0in:1 (") T#e '"0$u' de$en!e! to !#o0 t#"t t#e e!-ondent did not 9io'"te o t# e"ten 0it# 9io'"tion t#e i:#t to 'i$e) 'i&e t. "nd !ecu it. o$ t#e ":: ie9ed -" t.) t# ou:# "n. "ct o omi!!ion2 (&) T#e !te-! o "ction! t";en &. t#e -o!!e!!ion to dete mine t#e $"te o 0#e e"&out! o$ t#e ":: ie9ed -" t. "nd t#e -e !on o -e !on! e!-on!i&'e $o t#e t# e"t) "ct o omi!!ion2 (c) A'' e'e9"nt in$o m"tion in t#e -o!!e!!ion o$ t#e e!-ondent -e t"inin: to t#e t# e"t) "ct o omi!!ion ":"in!t t#e ":: ie9ed -" t.2 "nd (d) I$ t#e e!-ondent i! " -u&'ic o$$ici"' o em-'o.ee) t#e etu n !#"'' $u t#e !t"te t#e "ction! t#"t #"9e &een o 0i'' !ti'' &e t";en1 (i) to 9e i$. t#e identit. o$ t#e ":: ie9ed -" t.2

(ii) to eco9e "nd - e!e 9e e9idence e'"ted to t#e de"t# o di!"--e" "nce o$ t#e -e !on identi$ied in t#e -etition 0#ic# m". "id in t#e - o!ecution o$ t#e -e !on o -e !on! e!-on!i&'e2 (iii) to identi$. 0itne!!e! "nd o&t"in !t"tement! $ om t#em conce nin: t#e de"t# o di!"--e" "nce2 (i9) to dete mine t#e c"u!e) m"nne ) 'oc"tion "nd time o$ de"t# o di!"--e" "nce "! 0e'' "! "n. -"tte n o - "ctice t#"t m". #"9e

& ou:#t

"&out

t#e

de"t#

di!"--e" "nce2

(9) to identi$. "nd "-- e#end t#e -e !on o -e !on! in9o'9ed in t#e de"t# o di!"--e" "nce2 "nd (9i) to & in: t#e !u!-ected o$$ende ! &e$o e " com-etent cou t. THE PERIO/ TO FILE A RETURN %ANNOT <E E=TEN/E/ E=%EPT ON HI7HL8 MERITORIOUS 7ROUN/. T#e etu n !#"'' "'!o !t"te ot#e m"tte ! e'e9"nt to t#e in9e!ti:"tion) it! e!o'ution "nd t#e - o!ecution o$ t#e c"!e. A :ene "' deni"' o$ t#e "''e:"tion! in t#e -etition !#"'' not &e "''o0ed1 Sec. 11. P o#i&ited P'e"din:! "nd Motion!.3 T#e $o''o0in: -'e"din:! "nd motion " e - o#i&ited1 (") Motion to di!mi!!2

(&) Motion $o e>ten!ion o$ time to $i'e o--o!ition) "$$id"9it) -o!ition -"-e "nd ot#e -'e"din:!2 (c) (d) (e) ($) (:) (#) (i) Motion to dec'" e e!-ondent in /i'"to . Motion $o motion " $o &i'' o o$ -o!t-onement2 -" ticu'" !2 c o!!3c'"im2 com-'"int2 Re-'.2 de$"u't2

%ounte c'"im T#i d3-" t.

Inte 9ention2

(?) (;) Motion $o e'ie$

Memo "ndum2 econ!ide "tion o$ inte 'ocuto . o de ! o inte im o de !2 "nd - o#i&ition ":"in!t "n.

(') Petition $o ce tio " i) m"nd"mu! o inte 'ocuto . o de .

T#e "mendment! to t#e Ru'e !#"'' t";e e$$ect on Octo&e *@) *++, $o''o0in: it! -u&'ic"tion in t# ee (A) ne0!-"-e ! o$ :ene "' ci cu'"tion.

"#A$ PR%&'R () *+' ,R%* (" A&PAR( -. (rigin of the remedy. *he writ of amparo /which means 0protection12 is of &e3ican origin. %ts present form is found in Articles -43 and -45 of the &e3ican 6onstitution. Recurso de Amparo is a remedy against acts that violate any of the individual guarantees recogni7ed in the &e3ican constitution. %t is available in most legal controversies and may be invo ed in criminal, civil and administrative trials. %n its country of origin, the recurso de amparo, is of much broader application than what the Philippine 8upreme 6ourt has decided to adopt under the present Rule. %t is also much broader in scope and application than the writ of habeas corpus, because the latter is limited to cases of illegal confinement or detention. *he decision of the Philippine 8upreme 6ourt to limit it to e3tra!udicial illings, enforced disappearance and threats to life, liberty and security may be because present Philippine laws and remedies already cover much of what the &e3ican amparo includes within its protection. At its core is the power of !udicial review, which is also e3pressly found in our Philippine constitution. 9. ,hat is the writ of amparo:

%t is a remedy available to A); P'R8(). a. whose right to #%"', #%<'R*; and 8'6=R%*; b. is >%(#A*'? or *+R'A*')'? with violation c. by an unlawful act or omission d. of a public official or employee, or of a private individual or entity /8ec. -, Rule on the ,rit of Amparo2 Room -4-, Alumni 6enter, &agsaysay Avenue, =P 6ampus, ?iliman, @ue7on 6ity - )otes. a. it is not an available remedy for violations or threatened violations of the right to PR(P'R*; per seA *he right to property may in some cases however be so closely connected with the right to liberty that it could be included in a petition where that liberty is violated or threatenedA b. it can be directed not only against a public official or employee but even against PR%>A*' %)?%>%?=A#8 or entitiesA %n &e3ico, its country of origin, it is even available in cases of domestic violence, which is probably a situation not envisioned in the present rule. 3. ,hat are the rights usually included in the rights to life, liberty and security: %n their primal and basic form these rights can be found in the <ill of Rights of the Philippine 6onstitution. /Art. %%%, Philippine 6onstitution2 4. ,ho may avail of the remedy: A petition for the writ of amparo may be filed. -. <y the A$$R%'>'? PAR*;, or 9. <y any @=A#%"%'? person or entity %) *+' "(##(,%)$ (R?'R A)? ,+%6+ (R?'R &=8* <' (<8'R>'?.

a. Any member of the immediate family of the aggrieved party, namely. -. the spouse, 9. children and 3. parents *here seem to be no order of preference among the immediate family of the aggrieved party and the petition can therefore be filed by any of them and in any orderA b. Any ascendant, descendant or collateral relative of the aggrieved party within the 4th civil degree of consanguinity or affinity, in default of the members of the immediate family of the aggrieved party as mentioned aboveA 9c. %f there is no nown member of the immediate family or relative of the aggrieved party, then A); of the following. -. concerned citi7en 9. concerned organi7ation or association 3. concerned institution /8ec. 9, Amparo Rule2 )otes. a. %f the A$$R%'>'? PAR*; files the petition, the said filing suspends the right of all other authori7ed parties to file a similar petitionA b. *he filing of a petition by an authori7ed party on behalf of the aggrieved party suspends the right of all othersA /8ec. 9, Amparo Rule2 B. ,here and when can the petition to filed:

a. A petition for the issuance of a writ of amparo, can be filed. -. (n A); ?A; and at A); *%&'A 9. ,ith. a. *he R'$%()A# *R%A# 6(=R* /R*62 of the place where the threat, act or omission committed or any of its elements occurredA b. *he 8A)?%$A)<A;A)A c. *he 6(=R* (" APP'A#8A d. *he 8=PR'&' 6(=R*A e. or with A); (" *+' C=8*%6'8 of the 8andiganbayan, 6ourt of Appeal or 8upreme 6ourtA/8ec. 3, Amparo Rule2 D. +ow much is the court fee for filing a petition: )one. A petition for a writ of amparo is 'E'&P* from the payment of the doc et and other lawful fees. /8ec. 4, Amparo Rule2 5. ,hat are the contents of a petition for the writ of amparo: *he petition must be. a. signed, and b. verified by the petitioner 3>erification F A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his personal nowledge or based on authentic records. /Rule 5, 8ec. 4, Rules of 6ourt2 %t shall allege the following. /a2 *he personal circumstances of the petitionerA /b2 *he name and personal circumstances of the person or entity /called the respondent2 responsible for the threat, act or omissionA

%f the name of the respondent is un nown or uncertain, the respondent may be described by an assumed appellationA '3. Cohn ?oe, Cane ?oe, etc. /c2 *he right to life, liberty and security of the aggrieved party violated or threatened with violation by an unlawful act or omission of the respondent, and how such threat or violation is committed with the attendant circumstances detailed in 8=PP(R*%)$ A""%?A>%*8A /d2 *he investigation conducted, if any, specifying the names, personal circumstances, and addresses of the investigating authority or individuals, as well as the manner and conduct of the investigation, together with any reportA /e2 *he actions and recourses ta en by the petitioner to determine the fate or whereabouts of the aggrieved party and the identity of the person responsible for the threat, act or omissionA and /f2 *he relief prayed for. *he petition may include a general prayer for other !ust and eGuitable remedies. /8ec. B, Amparo Rule2 H. &ust a petition for the writ of amparo contain a certification against forum shopping: *he rule does not e3pressly reGuire a 6ertification against "orum 8hopping. A petition for amparo cannot be dismissed for lac of such a certification. %n fact, a &otion *o ?ismiss /on any ground2 is a prohibited pleading under this rule. *o avoid technicalities, it should do no harm however to include a 6ertification against "orum 8hopping as found in Rule 5, 8ec. B of the Rules of 6ourt. 4 *he plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief, or in a

sworn certification anne3ed thereto and simultaneously filed therewith. /a2 that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or Guasi!udicial agency and, to the best of his nowledge, no such other action or claim is pending thereinA /b2 if there is such other pending action or claim, a complete statement of the present status thereofA and /c2 if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five /B2 days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed. 9. +ow soon should the amparo court, !ustice or !udge act upon a petition: =pon filing a petition, the amparo court, !ustice or !udge shall doc et the petition and A6* =P() %* %&&'?%A*'#;A /8ec. 4, Amparo Rule2 -4. ,hat should the court, !ustice or !udge do immediately upon the filing of the petition: =pon the filing of the petition, the court, !ustice or !udge shall %&&'?%A*'#; order the issuance of the writ if on its face it ought to issue. -. *he cler of court shall issue the writ under the seal of the court, or 9. in case of urgent necessity, the !ustice or the !udge may issue the writ under his or her own hand, and may deputi7e any officer or person to serve it. /8ec. D, Amparo Rule2 --. ,here can the writ issued by any amparo court, !ustice or !udge be enforceable: *he writ shall be enforceable A);,+'R' in the Philippines. /8ec. 3, Amparo Rule2 -9. 8uppose the cler of court refuses to issue the writ or a person deputi7ed to

serve it refuses to serve the same: A cler of court or the person deputi7ed shall be punished by the amparo court, !ustice or !udge. a. "or contempt, and b. without pre!udice to other disciplinary actions. /8ec. 5, Amparo Rule2 B-3. +ow soon shall a hearing on the petition be held: *he writ issued shall set the date and time for summary hearing of the petition which shall )(* <' #A*'R *+A) 8'>') /52 ?A;8 from the date of issuance. /8ec. D, Amparo Rule2 -4. +ow will the writ be served upon the respondentIs: *he writ shall be served P'R8()A##; upon the respondentIs by a !udicial officer or the person deputi7ed. *he serving officer shall retain a copy on which to ma e a return of service. %n case the writ cannot be served personally on the respondent, the rules on substituted service shall apply. /8ec. H, Amparo Rule2 -B. ,hat is substituted service: %f, for !ustifiable causes, the respondent cannot be personally served within a reasonable time, service may be effected. /a2 by leaving copies at the respondentIs residence with some person of suitable age and discretion then residing therein, or /b2 by leaving copies at respondentIs office or regular place of business with some competent person in charge thereof. /Rule -4, 8ec. 5, Rules of 6ourt2 -D. ,hat happens after a writ is served on the respondentIs: ,ithin 8'>')*; *,( /592 hours after the service of the writ, the respondentIs shall submit a >'R%"%'? ,R%**') R'*=R)A /8ec. 9, Amparo Rule2

-5. ,hat shall the verified written return contain: *he verified written return of the respondentIs shall. -. have the supporting affidavits of the respondentIs and their witnesses, and 9. shall also contain the following. /a2 *he lawful defenses to show that the respondent did not violate or threaten with violation the right to life, liberty and security of the aggrieved party, through any act or omissionA D/b2 *he steps or actions ta en by the respondent to determine the fate or whereabouts of the aggrieved party and the person or persons responsible for the threat, act or omissionA /c2 All relevant information in the possession of the respondent pertaining to the threat, act or omission against the aggrieved partyA and /d2 %f the respondent is a public official or employee, the return shall further state the actions that have been or will be ta en. /i2 to verify the identity of the aggrieved party /ii2 to recover and preserve evidence related to the death or disappearance of the person identified in the petition which may aid in the prosecution of the person or persons responsibleA /iii2 to identify witnesses and obtain statements from them concerning the death or disappearanceA /iv2 to determine the cause, manner, location and time of death or disappearance as well as any pattern or practice that may have brought about the death or disappearanceA /v2 to identify and apprehend the person or persons involved in the death or disappearanceA and

/vi2 to bring the suspected offenders before a competent court. *he return shall also state other matters relevant to the investigation, its resolution and the prosecution of the case. /8ec. 9, Amparo Rule2 -H. %n the return of the respondentIs can it allege a general denial of the allegations of the petition: A general denial %8 )(* A##(,'?. /8ec. 9, Amparo Rule2 -9. 6an the respondentIs subseGuently amend the return to add other defenses: )o. All defenses shall be raised in the return, otherwise, they shall be deemed ,A%>'?. /8ec. -4, Amparo Rule2 94. 6an the respondentIs file a &otion for '3tension of *ime to "ile Return, or a &otion to ?ismiss the petition, etc., instead of filing a return: )(. *he following pleading and motions are prohibited and cannot be filed. /a2 &otion to dismiss /b2 &otion for e3tension of time to file return, opposition, affidavit, position paper and other pleadingsA /c2 ?ilatory motion to postponementA 5/d2 &otion for bill of particularsA /e2 6ounterclaim or cross-claimA /f2 *hird party complaintA /g2 ReplyA /h2 &otion to declare the respondent in defaultA /i2 %nterventionA /!2 &emorandumA / 2 &otion for reconsideration of interlocutory orders or interim reliefsA and /l2 Petition for certiorari, mandamus or prohibition against any interlocutory order. /8ec. --, Amparo Rule2

9-. ,here shall the return of the writ be submitted: a. ,hen issued by the R*6 or any !udge thereof, the writ shall be returnable before such court or !udgeA b. ,hen issued by the 8andiganbayan or the 6ourt of Appeals or any of their !ustices, the writ shall be returnable. -. before such courtA 9. or any !ustice thereof, or 3. to any R*6 of the place where the threat, act or omission was committed or any of its elements occurredA c. ,hen issued by the 8upreme 6ourt or any of its !ustices, the writ shall be returnable. -. before the 8upreme 6ourt, 9. Any !ustice of the 8upreme 6ourt, or 3. ,ith the 8andiganbayan, or 4. *he 6ourt of Appeals, or B. to any R*6 of the place where the threat, act or omission was committed or any of its elements occurredA /8ec. 3, Amparo Rule2 99. ,hat happens if the respondentIs fail to submit a return: a. *he amparo court, !ustice or !udge shall proceed to hear the petition e3 parte. /8ec. -9, Amparo Rule2 '3 parte F with only one side represented. b. *he respondentIs who refuses to ma e a return, or who ma es a false return, shall be punished for contempt. *he person held in contempt may be imprisoned or imposed a fine. /8ec. -D, Amparo Rule2 93. ,hat ind of a hearing shall be held on the petition: H *he hearing shall be 8=&&AR;. /8ec. -3, Amparo Rule2

=nder the -99- Revised Rule on 8ummary Procedure, which is what is most probably envisioned by the rule on amparo, or at least something similar or analogous thereto, the following is what usually transpires. a. A preliminary conference is held. /=nder the rule on amparo, the court, !ustice or !udge may also call a PR'#%&%)AR; 6()"'R')6' in order to simplify the issues and determine the possibility of obtaining stipulations and admissions from the parties.2 b. *hereafter the parties are ordered to submit the affidavits of witnesses and other evidence on the factual issues defined therein, together with a brief statement of their positions setting forth the law and the facts relied upon by them. /*he amparo rule already reGuires that supporting affidavits be attached to the petition. *his may be without pre!udice to the filing of additional affidavits at the discretion of the amparo court.2 c. 8hould the court find, upon a consideration of the pleadings, the affidavits and other evidence, and position statements submitted by the parties, that a !udgment may be rendered thereon without need of a formal hearing, it may proceed to render !udgment not later than fifteen /-B2 days from the submission of the position statements of the parties. /=nder the amparo rule however, the amparo court is mandated to decide the case within *') /-42 days from the time the case is submitted for decision.2 %n cases where the !udge deems it necessary to hold a hearing to clarify specific factual matters before rendering !udgment, he shall set the

case for hearing for the purpose. At such hearing, witnesses whose affidavits were previously submitted may be as ed clarificatory Guestions by the proponent and by the court and may be cross-e3amined by the adverse party. /)ote that under the amparo rule the hearing must initially be held not less than 8'>') /52 days from the date of the issuance of the writ.2 /8ec. D, Amparo Rule2 9 *he order setting the case for hearing shall specify the witnesses who will be called to testify, and the matters on which their e3amination will deal. 94. +ow often shall hearings be held on the petition: ?A%#;. *he hearing shall be from day to day until completed. %t is given the same priority as petitions for habeas corpus. 9B. ,hat are the interim or preliminary reliefs that may be granted to the petitioner upon the filing of the petition and prior to final !udgment: *he following reliefs may be granted upon the filing of the petition or at anytime before final !udgment. /a2 *emporary Protection (rder /*P(2 /b2 %nspection (rder /%(2 /c2 Production (rder /P(2 /d2 ,itness Protection (rder /,P(2 /a2 *emporary Protection (rder. F *he court, !ustice or !udge, upon motion or motu proprio, may order that the petitioner or the aggrieved party and any member of the immediate family be protected in a government agency or by an accredited person or private institution capable of eeping and securing their safety. %f the petitioner is an organi7ation, association or institution referred to in 8ection 3/c2 of this Rule, the

protection may be e3tended to the officers involved. *he 8upreme 6ourt shall accredit the persons and private institutions that shall e3tend temporary protection to the petitioner or the aggrieved party and any member of the immediate family, in accordance with guidelines which it shall issue. *he accredited persons and private institutions shall comply with the rules and conditions that may be imposed by the court, !ustice or !udge. /b2 %nspection (rder. J *he court, !ustice or !udge, upon verified motion and after due hearing, may order any person in possession or control of a designated land or other property, to permit entry for the purpose of inspecting, measuring, surveying, or photographing the property or any relevant ob!ect or operation thereon. *he motion shall state in detail the place or places to be inspected. %t shall be supported by affidavits or testimonies of witnesses having personal nowledge of the enforced disappearance or whereabouts of the aggrieved party. *he inspection order shall specify the person or persons authori7ed to ma e the inspection and the date, time, place and manner of ma ing the inspection and may -4prescribe other conditions to protect the constitutional rights of all parties. *he order shall e3pire five /B2 days after the date of its issuance, unless e3tended for !ustifiable reasons. /c2 Production (rder. F *he court, !ustice or !udge, upon verified motion and after due hearing, may order any person in possession, custody or control of any designated documents, papers, boo s, accounts, letters, photographs, ob!ects or tangible things, or ob!ects in digiti7ed or electronic form, which constitute or contain evidence relevant to the petition or the return, to produce and permit their inspection, copying or photographing by or on behalf of the movant. /d2 ,itness Protection (rder. F *he court, !ustice or !udge, upon motion or motu proprio, may refer the witnesses to the ?epartment of Custice for admission to the

,itness Protection, 8ecurity and <enefit Program, pursuant to Republic Act )o. D9H-. *he court, !ustice or !udge may also refer the witnesses to other government agencies, or to accredited persons or private institutions capable of eeping and securing their safety. /8ec. -4, Amparo Rule2 9D. ,hat happens if the issuance of %)8P'6*%() (R PR(?=6*%() (R?'R8 are opposed by the respondentIs on grounds of )A*%()A# 8'6=R%*; or the PR%>%#'$'? nature of the information sought: a. %f the motion for the issuance of an %)8P'6*%() (R?'R is opposed on the ground of )A*%()A# 8'6=R%*; or of the PR%>%#'$'? nature of the information, the court, !ustice or !udge may 6()?=6* A +'AR%)$ %) 6+A&<'R8 to determine the merit of the opposition. *he movant must show that the %)8P'6*%() (R?'R is necessary to establish the right of the aggrieved party alleged to be threatened or violated. b. *he motion for the issuance of a PR(*'6*%() (R?'R may be opposed on the ground of )A*%()A# 8'6=R%*; or of the PR%>%#'$'? nature of the information, in which case the court, !ustice or !udge may 6()?=6* A +'AR%)$ %) 6+A&<'R8 to determine the merit of the opposition. *he amparo court, !ustice or !udge shall prescribe other conditions to protect the constitutional rights of all the parties. /8ec. -4, Amparo Rule2 95. 6an the respondentIs also as for interim reliefs: ;es. *he respondentIs upon verified motion and after due hearing can be granted. -- a. An %)8P'6*%() (R?'R /%(2, and b. A PR(?=6*%() (R?'R /P(2

A motion for %)8P'6*%() (R?'R reGuested by the respondentIs shall be supported by A""%?A>%*8 (R *'8*%&()%'8 (" ,%*)'8'88'8 having P'R8()A# K)(,#'?$' of the defenses of the respondentIs. /8ec. -B, Amparo Rule2 "or obvious reasons, respondentIs are )(* ')*%*#'? to the issuance of *emporary Protection and ,itness Protection (rders in their favorA 9H. Aside from the respondent who refuses to submit a return or files a false return, what punishment can be imposed on (*+'R persons who disobey or resist lawful processes or orderIs issued by the amparo court: *hey shall also be punished for contempt and may be imprisoned or imposed a fine. /8ec. -D, Amparo Rule2 99. ,hat Guantum of evidence is reGuired for the parties to prove their claims: *he parties shall establish their claims by 8=<8*A)*%A# '>%?')6'. /8ec. -5, Amparo Rule2 8ubstantial 'vidence F that amount of relevant evidence which a reasonable mind might accept as adeGuate to !ustify a conclusion. /Rule -33, 8ec. B, Rules of 6ourt2 34. As valid defenses what standards of diligence are reGuired to be established by the respondentIs: a. %f the respondent is a PR%>A*' %)?%>%?=A# heIshe must prove that (R?%)AR; ?%#%$')6' as reGuired by applicable laws, rules and regulations was observed in the performance of dutyA /8ec. -5, Amparo Rule2 b. %f the respondent is a P=<#%6 (""%6%A# (R '&P#(;'' heIshe must prove that 'E*RA(R?%)AR; ?%#%$')6' as reGuired by applicable laws, rules and regulations was observed in the performance of duty. /8ec. -5, Amparo Rule2 '3ample of a statutory definition of '3tra-ordinary ?iligence F 0L. as human care and foresight can provide, using the utmost diligence of very cautious

persons, with a due regard for all the circumstances.1 /Art. -5BB, 6ivil 6ode of the Philippines2 3-. 6an a respondent public officialIemployee invo e as a defense the presumption that official duty was regularly performed: )(, that is not allowed by the rule. /8ec. -5, Amparo Rule2 -939. +ow soon shall the court render !udgment on a petition for writ of amparo: Cudgment must be rendered ,%*+%) *') /-42 ?A;8 from the time the petition is submitted for decision. /8ec. -H, Amparo Rule2 33. ,hen can the privilege of the writ be granted by the court, and when is it denied: a. %f the allegations in the petition are proven by substantial evidence, the court shall $RA)* the privilege of the writ and such reliefs as may be proper and appropriate, b. otherwise, the privilege shall be ?')%'?. /8ec. -H, Amparo Rule2 34. %f a petition is denied for failure to present substantial evidence, is the petition also dismissed: )o. *he court shall not dismiss the petition, but shall AR6+%>' it, if upon its determination it cannot proceed for a valid cause such as the failure of petitioner or witnesses to appear due to threats on their lives. /8ec. 94, Amparo Rule2 3B. +ow can an archived petition be revived: A periodic review of archived cases shall be made by the amparo court and shall. a. motu propio, or b. =pon motion by any party order its revival when ready for further proceedings. *he cler s of court shall submit to the (ffice of the 6ourt Administrator of the 8upreme 6ourt a consolidated list of archived cases under this Rule not later than the first

wee of Canuary every year. /8ec. 94, Amparo Rule2 3D. ,hen can a petition be dismissed after it has been archived: *he petition shall be ?%8&%88'? ,%*+ PR'C=?%6' upon failure to prosecute the case after the lapse of *,( /92 ;'AR8 from notice to the petitioner of the order archiving the case. /8ec. 94, Amparo Rule2 35. Are the parties allowed to appeal from the !udgment of the court: ,hat ind of Guestions may be raised: Any party may appeal from the final !udgment or order *( *+' 8=PR'&' 6(=R* under Rule 4B. -3Rule 4B of the Rules of 6ourt provides for a P'*%*%() "(R R'>%', () 6'R*%(RAR% F A party desiring to appeal by certiorari from a !udgment of final order or resolution of the 6ourt of Appeals, the 8andiganbayan, the Regional *rial 6ourt or other courts whenever authori7ed by law, may file with the 8upreme 6ourt a verified petition for review on certiorari. =nli e a petition under Rule 4B wherein only Guestions of law can be raised, a Petition for Review on 6ertiorari under the rule on amparo may raise. a. @='8*%()8 (" "A6* b. @='8*%()8 (" #A, c. (R <(*+ @='8*%()8 (" "A6* A)? #A, /8ec. -9, Amparo Rule2 3H. 6an an order to archive a petition be the sub!ect of an appeal by the petitioner: Apparently not. *he order to archive is an interlocutory order not sub!ect of an appeal. *he petitioner can however file a motion to revive the petition if heIshe disagrees with the archival or feels ready to proceed with the petition. /8ec. 94, Amparo Rule2 39. +ow soon after !udgment is rendered by the amparo court can an appeal be ta en:

*he period of appeal shall be "%>' /B2 ,(RK%)$ ?A;8 from the date of notice of the adverse !udgment. /8ec. -9, Amparo Rule2 44. ,hat ind of priority is given to the appeal: *he appeal shall be given the same priority as in habeas corpus cases. /8ec. -9, Amparo Rule2 4-. 6an other criminal, civil and administrative cases be filed separately from with a petition for a writ of amparo: As a general rule - ;es. *he rule does not preclude the filing of separate criminal, civil and administrative actions. /8ec. 9-, Amparo Rule2 49. ,hat is the effect of filing a separate criminal case: a. %f a criminal action is filed <'"(R' the filing of a petition for writ of amparo, )( 8'PARA*' P'*%*%() for the writ of amparo shall be filed. *he reliefs under the writ shall be available <; &(*%() in the criminal case. /8ec. 99, Amparo Rule2 -4 *he procedure under the rule shall govern the disposition of the reliefs available under the writ of amparo. b. %f the criminal action is filed A"*'R a petition for the writ of amparo has already been filed, the petition for writ of amparo shall be 6()8(#%?A*'? with the criminal action. /8ec. 93, Amparo Rule2 c. %f a criminal action and a separate civil action are filed after a petition for writ of amparo has already been filed, the petition shall be 6()8(#%?A*'? ,%*+ *+' 6R%&%)A# A6*%()A After consolidation, the procedure under the Amparo Rule shall continue to apply in the disposition of the reliefs of the petitionA /8ec. 93, Amparo Rule2 43. ,hat if only separate civil or administrative actions are filed prior or subseGuent to the filing of a petition for writ of amparo, and no criminal action is

instituted: *he rule is silent on this. *he civil or administrative actions, on the one hand, and the petition for writ of amparo, on the other, would most probably be heard and tried separately. )ote that even if both a criminal and a civil action are filed after a petition for writ of amparo is instituted, the petition is consolidated only with the criminal case. *his implies that the civil case shall proceed independently. 44. ?oes the rule on the writ of amparo affect rights protected by the 6onstitution: )o. *he rule does not diminish, increase or modify substantive rights recogni7ed and protected by the 6onstitution. /8ec. 94, Amparo Rule2 4B. Are the Rules of 6ourt applicable in a petition for writ of amparo: ;es they apply in a suppletory manner and only insofar as they are not inconsistent with the rule of amparo. /8ec. 9B, Amparo Rule2 4D. %s the rule on amparo applicable to cases already pending in courts at the time the rule was adopted: ;es. *he Rule shall govern cases involving e3tralegal illings and enforced disappearances or threats thereof pending in the trial and appellate courts. /8ec. 9D, Amparo Rule2 45. ,hen does the amparo rule ta e effect: -B-D %t ta es effect on (ctober 94, 9445, following its publication in three /32 newspapers of general circulation. /8ec. 95, Amparo Rule2 (ctober 9, 9445 <aguio 6ity